Definition of public corporation

It is formed or organized for the government of a portion of the State (Corporation

Code)
Elements of a municipal corporation
1. A legal creation or incorporation
2. A corporate name by which the artificial personality or legal entity is known
and in which all corporate acts are done
3. Inhabitants constituting the population who are invested with the political and
corporate powers which are executed through duly constituted officers and agents
4. A place or territory within which the local civil government and corporate
functions are exercised.
Dual nature of municipal corporations
1. Governmental
a. The municipal corporation acts as an agent of the State for the government
of the territory and the inhabitants within the municipal limits
b. It exercises by delegation a part of the sovereignty of the State
2. Private/proprietary
a. It acts in a similar category as a business corporation, performing functions
not strictly governmental or political
b. Those exercised for the special benefit and advantage of the community.
*Note: Local Government Code 15. Every LGU created or recognized under this
Code is a body politic and corporate endowed with powers to be exercised by it in
conformity with law. As such, it shall exercise powers as a POLITICAL SUBDIVISION of
the national government and as a CORPORATE ENTITY representing the inhabitants
of its territory.
Requisites for the Incorporation of a Municipal Corporation CODE: Te Po C
1. Territory
2. Population
3. Charter
Requisites of a De Facto Municipal Corporation
1.
2.
3.
4.

A valid law authorizing incorporation

An attempt in good faith to organize under it
A colorable compliance with the law
An assumption of corporate powers

An attack on Legal Existence

A quo warranto proceeding brought by the State is the proper remedy. It should be
commenced within 5 years from the time the act complained of was committed.

Creation of Local Government Units (LGUs)

1. Authority to Create LGUs ( 6, LGC)
By law enacted by Congress
Province
City
Municipality
Any other political subdivision (A barangay may also be created by law.
See 386)
2. By ordinance passed by Sangguniang Panlalawigan/Panlungsod
For barangay located within its territorial jurisdiction
3. Indicators for creation/conversion
a. Income
b. Population
c. Land Area
4. Plebiscite Requirement
a. It applies to the creation, division, merger, abolition or substantial alteration of
boundaries of LGU.
b. Creation etc. should be approve by a majority of the votes cast in a plebiscite
called for the purpose in the political unit or units directly affected.
5. Beginning of Corporate Existence ( 14, LGC)
Corporate existence commences upon the election and qualification of its chief
executive and a majority of members of the Sanggunian unless some other time
is fixed by the law or ordinance creating it.
Local Autonomy
Local autonomy can be considered a measure of decentralization of the functions of
government. Under the principle of local autonomy and decentralization, LGUs have
more powers, authority, responsibilities and resources.
Decentralization
It is the devolution of national administration, not power, to the local levels, in which local
officials remain accountable to the central government in the manner the law may
provide.
Levels of Decentralization
1. Administrative Autonomy
a. The central government delegates administrative powers to the political
subdivisions.
b. Purposes
To broaden the local power base
To make the units more responsive and accountable
To ensure the full development of LGUs into self-reliant communities
To break the monopoly of the national government over managing local
affairs
To relieve the national government from the burden of managing local affairs

2. Political Autonomy
a. Involves the abdication of political power in favor of LGUs declared to be
autonomous
b. It would amount to self-immolation because the autonomous government
would become accountable to its constituency, not to the central government.
Devolution
It refers to the act by which the national government confers power and authority upon
the various LGUs to perform specific functions and responsibilities. ( 17, LGC). It is
considered mandatory under the LGC.
Distinction between Supervision and Control
1. Supervision
a. It means the overseeing or the power or authority of an officer to see that the
subordinate officers perform their duties.
b. In relation to LGUS, the President only has the power of supervision over
LGUS. Thus, he cannot interfere with the local governments as long as they
act within the scope of their authority.
c. Under the LGC (25), the President exercises direct supervision over
provinces, highly urbanized cities and independent component cities. He
exercises indirect supervision over component cities and municipalities
through the provinces. He also exercises indirect supervision over barangays
through the city or municipality concerned.
2. Control
a. It means the power of an officer to alter or modify or nullify or set aside what
a subordinate officer has done in the performance of his/her duties and to
substitute the judgment of the former for that of the latter.
b. In relation to LGUs, it is Congress which exercises control over them.
Police Power
1. Police power is not inherent in municipal corporations. Under the LGC, LGUs
exercise police power under the general welfare clause (See 16)
2. Branches of the general welfare clause
a. One branch relates to such ordinances and regulations as may be necessary
to carry into effect and discharge the powers and duties conferred upon the
municipal council by law.
b. The second branch is more independent of the specific functions of the
council. It authorizes ordinances as are necessary and proper to provide for
the health and safety, promote prosperity, improve morals, peace, good order
etc.
Eminent Domain and Reclassification of Land
1. Requisites for Valid Exercise [CODE: OPJO]
a. ORDINANCE authorizing the local chief executive to subject a certain
property to expropriation
b. Expropriation should be for a PUBLIC USE/PURPOSE or for the WELFARE
of the POOR/LANDLESS.
c. Payment of JUST COMPENSATION
d. Valid and definite OFFER TO PAY which was NOT accepted.
2. Role of Supervising Local Government Unit
It can only declare the ordinance invalid on the sole ground that it is beyond the
power of the lower LGU to issue. Hence, it cannot declare the ordinance invalid
on the ground that it is unnecessary. (Moday v. CA, Feb. 20, 1997)
3. Role of National Government

The approval of the national government is not required for local governments to
exercise the power of eminent domain.
4. Role of Judiciary
a. Can inquire into the legality of the exercise of the right.
b. Can determine whether there was a genuine necessity
5. Only cities and municipalities can reclassify agricultural lands through the proper
ordinance after conducting public hearings for the purpose.
6. Grounds for Reclassification
a. When the land ceases to be economically feasible and sound for agricultural
purposes as determined by the Department of Agriculture.
b. When the land shall have substantially greater economic value for residential,
commercial or industrial purposes as determined by the Sanggunian
concerned.
Taxation
1. Power to tax of LGUs is now pursuant to direct authority conferred by the 1987
Constitution.
2. Since LGUs have no inherent power to tax, their power must yield to a legislative act.
Legislative Power
1. Local chief executive (except for punong barangay because he is already a member
of the Sangguniang barangay) has to approve the ordinance enacted by the council.
2. Veto power of local chief executive. ( 55)
a. Grounds
1. Ultra vires
2. Prejudicial to public welfare
b. Item veto
1. Appropriations ordinance
2. Ordinance/resolution adopting local development plan and public
investment program
3. Ordinance directing the payment of money or creating liability.
3. Review by Higher/Supervising Council
a. The higher council can declare the ordinance/resolution invalid if it is beyond
the scope of the power conferred upon the lower Sanggunian.
b. For barangay ordinances, the higher council can also rule that it is
inconsistent with law or city/municipal ordinances.
Corporate Powers ( 22) CODE: S C Re C O
1.
2.
3.
4.
5.

To have continuous succession in its corporate name

To have and use a corporate seal
To acquire and convey real or personal property
To enter into contracts
To exercise such other powers as are granted to corporations, subject to limitations
in LGC/other laws.

Qualifications of Elective Local Officials ( 39)

1. Filipino citizen
2. Registered voter in the barangay, municipality, city or province where he intends ti be
elected/Registered voter in the district where he intends to be elected in case of a
member of the Sangguniang panlalawigan, Sangguniang panlungsod or
Sangguniang bayan.
3. Resident therein for at least 1 year immediately preceding the day of the election.
4. Able to read and write Filipino/ any other local language or dialect
5. Age requirement
AGE REQUIREMENT

POSITION

at least 23 years old on election day

A. Governor
B. Vice-Governor
C. Mayor, Vice-Mayor, member of
Sangguniang Panglungsod of
highly urbanized cities

at least 21 years old

A. Mayor,
B. Vice-Mayor
of independent component cities,
component cities or municipalities

at least 18 years old on election day

A. Member of Sangguniang
Panglungsod
B. Member of Sangguniang Bayan
C. Punong Barangay
D. Member of Sangguniang
Barangay

Disqualifications for Local Elective Officials ( 40)

1. Those sentenced by final judgment for an offense involving moral turpitude, or for an
offense punishable by 1 year or more of imprisonment within 2 years after serving
sentence
2. Those removed from office as a result of an administrative case.
3. Those convicted by final judgment for violating the oath of allegiance to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or non-political cases here or abroad
6. Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of this Code
7. The insane or feeble minded
Term of Office
1. Term of office: 3 years
2. No local elective official shall serve for more than 3 consecutive terms in the same
position
3. Voluntary renunciation of the office for any length of time shall be considered an
interruption in the continuity of service for the full term for which the elective official
concerned was elected.

Vacancies
1. Permanent vacancy
a. Grounds
1.Elective local official fills a higher vacant office
2.Refuses to assume office
3.Fails to qualify
4.Dies
5.Removed from office
6.Voluntarily resigns
7.Permanently incapacitated to discharge the functions of his office
b. Filling of vacancy
1.Automatic succession
VACANCY
1. In the office of the governor, mayor
2. In the office of the governor, vicegovernor, mayor or vice-mayor
3. In the office of the highest ranking
Sanggunian member (who was supposed
to fill the vacant position of governor etc.
4. In the office of the punong barangay

SUCCESSOR
Vice-Governor, Vice-Mayor
Highest ranking Sanggunian member
Second
member

highest

ranking

Sanggunian

Highest ranking sangguniang barangay

member/2nd highest ranking sanggunian
member

2. By appointment
VACANCY
1.
Sanggunian
Panlalawigan
or
Panlungsod of highly urbanized cities and
independent component cities
2. Sangguniang Panlungsod of Component
Cities, Sangguniang Bayan
3. Sangguniang Barangay

APPOINTMENT BY WHOM
President, through Executive Secretary
Governor
City/Municipal Mayor upon
Recommendation of the
barangay concerned

Sanggunian

c. Ranking- It is determined on the basis of proportion of votes obtained by each

winning candidate to the total number of registered voters in each district in the
immediately preceding local election
d. The general rule is that the successor (by appointment) should come from the
same political party as the Sanggunian member whose position has become
vacant. The exception would be in the case of vacancy in the Sangguniang
barangay.
2. Temporary Vacancy
a. Grounds (not exclusive list)
1.Leave of absence
2.Travel abroad
3.Suspension from office
b. If the positions of governor, mayor or punong barangay become temporarily
vacant, the vice-governor, vice-mayor or highest ranking Sanggunian
member will automatically exercise the powers and perform the duties and
functions of the local chief executive concerned.

c. Exception: He/she cannot exercise the power to appoint, suspend or dismiss

employees. Exception to exception: If the period of temporary incapacity
exceeds 30 working days.
d. Termination of temporary incapacity
1. Upon submission to the appropriate Sanggunian of a written
declaration by the local chief that he has reported back to office
2. IF the temporary incapacity was due to legal reasons, the local chief
executive should also submit necessary documents showing that the
legal causes no longer exist.
3. Appointment of OIC
a. The local chief executive can designate in writing an OIC if he is traveling
within the country but outside his territorial jurisdiction for a period not
exceeding 3 consecutive days.
b. The OIC cannot exercise the power to appoint, suspend or dismiss
employees.
4. Omnibus Election Code ( 67)
Any elective official, whether national or local, running for any office other than
the one which he is holding in a permanent capacity, except for President and
Vice-President, shall be considered ipso facto resigned from his office upon filing
of his certificate of candidacy.
Grounds for Disciplinary Actions ( 60) CODE: DCDCAUAS
An elective local official may be disciplined, suspended or removed from office on any of
the following grounds:
1.
2.
3.
4.
5.
6.
7.
8.

Disloyalty to the Republic of the Philippines

Culpable violation of the Constitution
Dishonesty, oppression, misconduct in office, gross negligence, dereliction of duty
Commission of any offense involving moral turpitude or an offense punishable by at
least prision mayor
Abuse of authority
Unauthorized absence for 15 consecutive working days, except in the case of
members of the Sanggunian panlalawigan, Sangguniang panlungsod, Sangguniang
bayan, Sangguniang barangay.
Application for or acquisition of foreign citizenship or residence or the status of an
immigrant of another country.
Such other grounds as may be provided by the Code/other laws.

Preventive Suspension ( 63)

1. When can it be imposed
a. After the issues are joined
b. When the evidence of guilt is strong
c. Given the gravity of the offense, there is great probability that the continuance
in office of the respondent could influence the witnesses or pose a threat to
the safety and integrity of the records and other evidence

2. Who can impose preventive suspension

IMPOSED BY:
1. President
2. Governor
3. Mayor

RESPONDENT LOCAL OFFICIAL

Elective official of a province, highly urbanized or
Independent component city
Elective official of a component city or municipality
Elective official of a barangay

3. Duration of preventive suspension

a. Single preventive suspension should not exceed 60 days.
b. IF several administrative cases are filed against an elective official, he cannot
be preventively suspended for more than 90 days within a single year on the
same ground/s existing and known at the time of the first suspension.
Suspension
1. It should not exceed the unexpired term of the respondent or a period of 6 months
for every administrative offense.
2. Penalty is NOT a bar to the candidacy of the respondent suspended as long as he
meets the qualifications for the office.
Removal as result of Administrative Investigation
It serves as a BAR to the candidacy of the respondent for any elective position.
Recall ( 69-75)
1. By whom Exercised
It is exercised by the registered voters of a LGU to which the local elective official
subject to recall belongs.
2. GROUNDS = Loss of confidence
3. Initiation of Recall Process
Preparatory Recall Assembly ( PRA)
1. Composition
LEVEL
1. Provincial
2. City
3. Legislative district
4. Municipal

COMPOSITION
Mayors, vice-mayors, Sanggunian members of the municipalities
and component cities
Punong barangay and Sangguniang barangay members in the
city
Elective municipal/barangay officials
Punong barangay and sangguniang barangay members in the
municipality

2. Procedure
Session in a public place to initiate recall proceeding
Resolution adopted by a majority of all the members of the PRA during the session
called for the purpose of initiating recall proceedings

Petition by Registered Voters

1. Petition OF at least 25% of the total number of registered voters in the LGU
concerned during the election in which the local official sought to be recalled was
elected.
2. The written petition for recall should be duly signed before the election registrar or
his representativ and in the presence of the representative of the petitioner and the
official sought to be recalled.
3. It should be signed in a public place
4. Petition should be filed wit COMELEC through its office in the LGU concerned
5. Publication of petition for 10-20 days in order to verify the authenticity and
genuineness of the petition and the required % of voters.
Recall Election
a. The official/s sought to be recalled are automatically considered as duly registered
candidates.
b. The date set for the recall election should not be less than 30 days after filing of
resolution/petition in the case of barangay, city or municipal officials and 45 days in
the case of provincial officials
Effectivity of Recall
a. Recall will only be effective upon the election and proclamation of a successor.
b. IF the official sought to be recalled receives the highest number of votes, confidence
in him is affirmed and he shall continue in office.
Limitations on Recall
a. Elective local official can be the subject of a recall election only onece during his
term of office
b. No recall shall take place within 1 year from the date of the officials assumption to
office or 1 year immediately preceding a regular local election.
Initiative ( 120-125)
Definition of Local Initiative
It is the legal process whereby the registered voters of a LGU may directly propose,
enact or amend any ordinance
Note: In Garcia v. Comelec, the SC ruled that a resolution can also be the proper subject
of an initiative
Who May Exercise Power
It may be exercised by all registered voters of the provinces, cities, municipalities,
barangays.
Procedure
a. Number of voters who should file petition with Sanggunian concerned
1. Provinces and cities at least 1000 registered voters
2. Municipality
at least 100
3. Barangay
at least 50
b. Sanggunian concerned has 30 days to act on the petition. If the Sanggunian does
not take any favorable action, the proponents may invoke the power of initiative,
giving notice to Sanggunian.

c. Proponents will have the following number of days to collect required number of
signatures
1. Provinces and cities
90 days
2. Municipalities
60 days
3. Barangays
30 days

d. Signing of petition
e. Date for initiative set by Comelec if required number of signatures has been
obtained.
Effectivity of Proposition
a. If proposition is approved by a majority of the votes cast, it will take effect 15 days
after certification by the Comelec as if the Sanggunian and the local chief executive
had taken affirmative action.
b. IF it fails to obtain required number of votes, it is considered defeated
Limitations
a. It should not be exercised more than once a year.
b. It can only extend to subjects or matters which are within the legal powers of the
Sanggunians to enact.
c. If the Sanggunian adopts in toto the proposition presented and the local chief
executive approves the same, the initative shall be cancelled.
Limitations upon Sanggunians
a. The Sanggunian cannot repeal, modify or amend any proposition or ordinance
approved through system of initiative/referendum within 6 months from the date of
approval thereof.
b. The Sanggunian can amend, modify or repeal the proposition/ordinance w/in 3 years
thereafter by a vote of of all its members.
c. For barangays, the applicable period is 18 months.
Referendum ( 126-127)
Definition
It is the legal process whereby the registered voters of the local government units may
approve, amend or reject any ordinance enacted by the Sanggunian.
Authority of Courts
The proper courts can still declare void any proposition adopted pursuant to an
initiative/referendum on the following grounds
a. Violation of the Constitution
b. Want of capacity of the Sanggunian concerned to enact the measure.